HomeMy Public PortalAbout2005-19 Mutual Aid Agreement; City of Miami BeachRESOLUTION NO. 2005-19
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING
THE POLICE DEPARTMENT TO ENTER INTO MUTUAL
AID AGREEMENT WITH THE CITY OF MIAMI BEACH,
MIAMI-DADE COUNTY, FLORIDA.
WHEREAS, the Police Department currently has mutual aid agreements with the Miami -
Dade Police Department and the Miami Police Department; and
WHEREAS, this agreement exists in the interest of public safety of the Village residents by
providing adequate levels of police services to address any foreseeable routine or emergency
situation; and
WHEREAS, this agreement allows our officers and those of the other agency to work
together under certain conditions; and
WHEREAS, the Police Department has detached an officer to inter -agency task forces in
an effort to combat the sale of narcotics and the laundering of illicit funds; and
WHEREAS, the City of Miami Beach Police Department has currently created such a task
force and is requesting assistance from our Police Department; and
WHEREAS, any proceeds generated through the confiscation of properties and illicit monies
will be disbursed to each Police Department that participates; and
WHEREAS, these funds are placed into the Police Department's Law Enforcement Trust
Fund Account; and
WHEREAS, these funds may be used for non -budgeted programs that are supportive of
and consistent with a law enforcement effort, policy or initiative; and
WHEREAS, the Chief of Police has recommended adoption of this Resolution authorizing
the Police Department to enter into a Mutual Aid Agreement with the City of Miami Beach Police
Department.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. That the recitals stated above are hereby adopted and confirmed.
Section 2, That the Chief of Police is hereby authorized to enter into a Mutual Aid
Agreement with the Miami Beach Police Department.
Section 3. That this resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 12th day of April, 2005.
/1-t- ( t;Lu It t___:
MAYOR ROBERT OLDAKOWSKI
ITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIEN
a
I
f.,
VILLAGE A'TORI IEV
MUTUAL AID AGREEMENT
Between the Miami Beach Police Department
and the Village of Key Biscayne Police Department
WHEREAS, it is the responsibility of the governments of the City of Miami
Beach, Florida, and the Village of Key Biscayne, Florida, to ensure the public
safety of their citizens by providing adequate levels of police services to address
any foreseeable routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the
occurrence of law enforcement problems and other natural and manmade
conditions which are, or are likely to be, beyond the control of the services,
personnel, equipment or facilities of the participating municipal police
departments; and
WHEREAS, in order to ensure the preparation of these law enforcement
agencies will be adequate to address any and all of these conditions, to protect
the public peace and safety, and to preserve the lives and property of the people
of the participating Dade County municipalities; and
WHEREAS, the participating Dade County municipalities have the
authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into
a Mutual Aid Agreement.
NOW, THEREFORE, BE IT KNOWN, that the City of Miami Beach and
the Village of Key Biscayne, subdivisions of the State of Florida, in
consideration of mutual promises to render valuable aid in times of necessity, do
hereby agree to fully and faithfully abide by and be bound by the following terms
and conditions:
1. Short title: Mutual Aid Agreement
2. Description: Since the Mutual Aid Agreement provides for the requesting
and rendering of assistance for both routine and intensive law enforcement
situations, this Mutual Aid Agreement combines the elements of both a voluntary
cooperation agreement and a requested operational assistance agreement as
described in Chapter 23 Florida Statutes.
3. Definitions:
A. Joint declaration: A document which enumerates the various
conditions or situations where aid may be requested or rendered
pursuant to this Agreement, as determined by concerned agency
heads. Subsequent to execution by the concerned agency heads,
the Joint Declaration shall be filed with the clerks of the respective
1
political subdivisions and shall thereafter become part of this
Agreement. Said declaration may be amended or supplemented
at any time by the agency heads by filing subsequent declarations
with the clerks of the respective political subdivisions.
B. Agency or participating law enforcement agency: Either the
City of Miami Beach Police Department or the Village of Key
Biscayne Police Department.
C. Agency Head: Either the Chief of the City of Miami Beach Police
Department, or the Chief's designees, and the Chief of Police of the
Village of Key Biscayne Police Department, or the Chief's
designees.
D Participating municipal police department: The police
department of any municipality in Dade County, Florida, that has
approved and executed this Agreement upon the approval of the
governing body of the municipality.
E. Certified law enforcement employees: Any law enforcement
employee certified as provided in Chapter 943, Florida Statutes.
4. Operations:
A. In the event that a party to this Agreement is in need of assistance,
as specified in the applicable Joint Declaration, an authorized
representative of the police department requiring assistance shall
notify the agency from which such assistance is requested. The
authorized agency representative whose assistance is sought shall
evaluate the situation and his available resources, and will respond
in a manner deemed appropriate.
B. Each party to this Agreement agrees to furnish necessary man
power, equipment, facilities, and other resources and to render
services to the other party as required to assist the requesting party
in addressing the situation which caused the request; provided,
however, that no party shall be required to deplete, unreasonably,
its own manpower, equipment, facilities, and other resources and
services in rendering such assistance.
C. The agency heads of the participating law enforcement agencies,
or their designees, shall establish procedures for giving control of
the mission definition to the requesting agency, and for giving
tactical control over accomplishing any such assigned mission and
supervisory control over all personnel or equipment provided
pursuant to this Agreement to the providing agency.
2
5. Powers, Privileges, Immunities, and Costs:
A. All employees of the participating municipal police department,
certified law enforcement employees as defined in Chapter 943,
Florida Statutes, during such time that said employees are actually
providing aid outside of the jurisdictional limits of the employing
municipality pursuant to a request for aid made in accordance with
this Agreement, shall pursuant to the provisions of Chapter 23,
Florida Statutes, have the same powers, duties, rights, privileges,
and immunities as if they were performing their duties in the
political subdivision in which they are regularly employed.
B. The political subdivision having financial responsibility for the law
enforcement agency providing the services, personnel, equipment,
or facilities pursuant to the provisions of this Agreement shall bear
any loss or damage to same and shall pay any and all expenses
incurred in the maintenance and operation of same.
C. The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement shall
compensate all of its employees rendering aid pursuant to this
Agreement, during the time of rendering of such aid, and shall
defray the actual travel and maintenance expenses of such
employees while they are rendering such aid. Such compensation
shall include any amounts paid or due for compensation due to
personal injury or death while such employees are engaged in
rendering such aid. Such compensation shall also include all
benefits normally due such employees.
D. All exemptions from ordinances and rules, and all pension,
insurance, relief, disability, workers compensation, salary, death,
and other benefits which apply to the activity of such officers,
agents, or employees of any such agency, when performing their
respective functions within the territorial limits of their respective
agencies, shall apply to them to the same degree, manner, and
extent while engaged in the performance of their functions and
duties extraterritorial under the provisions of this Mutual Aid
Agreement. The provision of this Agreement shall apply with equal
effect to paid and auxiliary employees.
6. Indemnification: The political subdivision having financial responsibility
for the law enforcement agency providing aid pursuant to this Agreement
agrees to hold harmless, defend, and indemnify the requesting law
enforcement agency and its political subdivision in any suit, action or claim
for damages resulting from any and all acts or conduct of employees of
3
said providing agency while providing aid pursuant to this Agreement,
subject to Chapter 768, Florida Statutes, where applicable.
7. Forfeitures: It is recognized that during the course of the operation of the
Agreement, property subject to forfeiture under the Florida Contraband
Forfeiture Act, Florida Statutes, may be seized. The property shall be
seized, forfeited, and equitably distributed among the participating
agencies in proportion to the amount of investigation and participation
performed by each agency. This shall occur pursuant to the provisions of
the Florida Contraband Forfeiture Act.
8. Conflicts: Any conflict between this Agreement and the Florida Mutual
Aid Act will be controlled by the provisions of the latter, whenever
conditions exist that are within the definitions stated in Chapter 23, Florida
Statutes.
9. Effective Date and Duration: This Agreement shall be in effect from
date of signing, through and including January 1, 2010, and under no
circumstances may this Agreement be renewed, amended or extended
except in writing.
10. Cancellation: This Agreement may be canceled by either party upon
sixty (60) days written notice to the other party. Cancellation will be at the
discretion of the chief executive officers of the parties hereto.
AGREED AND ACKNOWLEDGED this 2005.
GONZALEZ
City Manager
City of Miami Beach, FL
Robert Parcher
CITY CLERK
City of Miami Beach, FL
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION:
City Attorney
City of Miami Beach, FL
J-CQl3 INE MENEN
Villag - anager
Village of Key Biscayne, FL
H. Alvarez
ERK
of Key Biscayne, FL
Village Attorney
Village of Key Biscayne, FL
4
JOINT DECLARATION
OF THE CHIEF OF THE VILLAGE OF KEY BISCAYNE POLICE
DEPARTMENT AND THE CHIEF OF THE CITY OF MIAMI BEACH POLICE
DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT
A police officer of either of the participating law enforcement agencies shall be
considered to be operating under the provisions of the Mutual Aid Agreement
when:
• participating in law enforcement activities that are
preplanned and approved by each respective agency head,
or
• appropriately dispatched in response to a request for
assistance from the other law enforcement agency.
In compliance with, and under the authority of, the Mutual Aid Agreement, hereto
entered into by the Village of Key Biscayne, Florida, and the City of Miami Beach,
Florida, it is hereby declared that the following list comprises the circumstances
and conditions under which mutual aid may be requested and rendered
regarding police operations pursuant to the Agreement. Said list may be
amended or supplemented from time to time, as needs dictate by subsequent
declarations.
1. Joint multi jurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes,
and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures, including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires, explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5 Terrorist activities including, but not limited to, acts of sabotage.
6 Escapes from or disturbances within detention facilities.
7 Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, backups
to emergency and in -progress calls, pursuits, and missing persons calls.
5
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization of specialized units; e.g., underwater
recovery, canine, motorcycle, crime scene, marine patrol enforcement or
investigation, and police information.
15. Joint training in areas of mutual need to include, but not limited to,
firearms training and qualification; field force; SWAT; ATV; motorcycles;
and marine patrol.
16. Participating in exigent situations without a formal request which are
spontaneous occurrences such as area searches for wanted subjects,
perimeters, crimes in progress, escaped prisoners; traffic stops near
municipal boundaries, request for assistance and no local unit is available
or nearby, calls or transmissions indicating an officer is injured, calls
indicating a crime of incident has occurred in which a citizen may likely be
injured and the assisting municipality is closer to the area than the officer
receiving the call.
17. Mutual enforcement of all existing applicable laws and ordinances and
exercise of arrest powers within the area comprising the jurisdictional
waters within respective municipal boundaries.
DATE: ° 131(0
DO►"DW
Chief of Police
Miami Beach Police ,P -partment
Miami Beach, Florida
A
ST:
Robert Parcher APPROVED AS TO
CITY CLERK FORM & LANGUAGE
City of Miami Beach, F& FOR EXECUTION
DATE: 2
CHARLES PRESS ( '"
Chief of Police
Key Biscayne Police Department
Village of Key Biscayne, Florida
ST:
2 alibA'''
hita H. Alvarez
CITY CLERK
Village of Key Biscayne, FL
ty Attorney
Date
RESOLUTION NO. 2005-25779
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND
THE CITY CLERK TO EXECUTE A MUTUAL AID
AGREEMENT WITH THE VILLAGE OF KEY BISCAYNE,
FLORIDA, FOR THE PURPOSE OF COORDINATING LAW
ENFORCEMENT PLANNING, OPERATIONS, AND
MUTUAL AID BENEFIT BETWEEN THE CITY OF MIAMI
BEACH AND THE VILLAGE OF KEY BISCAYNE.
WHEREAS, it is the responsibility of the respective governments of the City of
Miami Beach and the Village of Key Biscayne, Florida to ensure the public safety of their
citizens by providing adequate levels of police service to address any foreseeable
routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence
of law enforcement problems and other natural and man-made conditions which are, or
are likely to be, beyond the control of services, personnel, equipment, or facilities of the
City of Miami Beach Police Department or the Village of Key Biscayne Police
Department; and
WHEREAS, in order to ensure the preparation of these law enforcement
agencies will be adequate to address any and all of these conditions, to protect the
public peace and safety, and to preserve the lives and property of the people of the City
of Miami Beach and the Village of Key Biscayne; and
WHEREAS, the City of Miami Beach and the Village of Key Biscayne have the
authority under Chapter 23, Florida Statutes, "Florida Mutual Aid Act," to enter into the
attached Mutual Aid Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor, or his
designee, and City Clerk are authorized to execute the attached Mutual Aid Agreement
with Village of Key Biscayne, Florida, for the purpose of coordinating law enforcement
planning, operations, and mutual aid benefits between the C. of Miami Beach and the
Village of Key Biscayne.
PASSED and ADOPTED this 12th day of
ATTEST:
t,(11.,J U"
CITY CLERK
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION:
1~5-05
F 1POLI\TECHSERV\POLICIES\COM_MEMO\Mutual Aid Key Biscayne PD-2005-RESO doc
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
CZ
Condensed Title:
A Resolution authorizing a Mutual Aid Agreement between the City of Miami Beach and the Village of Key
Biscayne that will allow for the sharing of law enforcement resources and the rendering of assistance both
during routine and intensive law enforcement situations.
Issue:
Shall the City of Miami Beach execute a Mutual Aid Agreement with the Village of Key Biscayne that will
allow for the sharing of law enforcement resources and the rendering of assistance both during routine and
intensive law enforcement situations?
Item Summary/Recommendation:
The Administration recommends the adoption of this resolution that will allow for the sharing of law
enforcement resources and the rendering of assistance both during routine and intensive law enforcement
situations. The City of Miami Beach and the Village of Key Biscayne, because of the existing and
continuing possibility of the occurrence of law enforcement problems and other natural and manmade
conditions which are or are likely to be beyond the control, personnel, equipment or facilities of the Miami
Beach Police Department or the Village of Key Biscayne Police Department believe that it is beneficial for
each to participate in a Mutual Aid Agreement as authorized by Chapter 23, Florida Statutes.
Advisory Board Recommendation:
N/A
Financial Information:
Amount to be expended:
Source of
Funds:
Finance Dept.
Amount
Account
Approved
1
2
3
4
Total
Sian -Offs:
Departme Director
Assistant City Manager
City Manager
9 5,-------
F:\POLI\TECHSERV\POLICIES\COM_MEMO\Mutual Aid Key Biscayne PD-2005-SUMMARY.doc
LI
AGENDA ITEM C 7J
DATE /-42-0,c----
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
From:
Subject:
Mayor David Dermer and Date: January 12, 2005
Members of the City Commission
Jorge M. Gonzalez
City Manager
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR, OR HIS
DESIGNEE, AND THE CITY CLERK TO EXECUTE A MUTUAL AID
AGREEMENT WITH THE VILLAGE OF KEY BISCAYNE, FLORIDA, FOR
THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING,
OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN THE CITY OF
MIAMI BEACH AND THE VILLAGE OF KEY BISCAYNE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The City of Miami Beach and the Village of Key Biscayne, because of the existing and
continuing possibility of the occurrence of law enforcement problems and other natural and
manmade conditions which are or are likely to be beyond the control, personnel, equipment
or facilities of the Miami Beach Police Department or the Village of Key Biscayne Police
Department believe that it is beneficial for each to participate in a Mutual Aid Agreement as
authorized by Chapter 23, Florida Statutes.
The Mutual Aid Agreement will allow for the sharing of law enforcement resources and the
rendering of assistance both during routine and intensive law enforcement situations.
This Agreement will take effect when it is signed and will expire on January 1, 2010.
CONCLUSION
It is recommended that the Mayor and City Commission adopt this Resolution and
authorize the signing of the Mutual Aid Agreement that will allow for the sharing of law
enforce ent resources..
-41--
JMG/ /R S/CN/HDC
F\POLI\TECHSERV\POLICIES\COM_MEMO\Mutual Aid Key Biscayne PD-2005-MEMO.doc
MUTUAL AID AGREEMENT
Between the Miami Beach Police Department
and the Village of Key Biscayne Police Department
WHEREAS, it is the responsibility of the governments of the City of Miami
Beach, Florida, and the Village of Key Biscayne, Florida, to ensure the public
safety of their citizens by providing adequate levels of police services to address
any foreseeable routine or emergency situation; and
•
WHEREAS, because of the existing and continuing possibility of the
occurrence of law enforcement problems and other natural and manmade
conditions which are, or are likely to be, beyond the control of the services,
personnel, equipment or facilities of the participating municipal police
departments; and
WHEREAS, in order to ensure the preparation of these law enforcement
agencies will be adequate to address any and all of these conditions, to protect
the public peace and safety, and to preserve the lives and property of the people
of the participating Dade County municipalities; and
WHEREAS, the participating Dade County municipalities have the
authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into
a Mutual Aid Agreement.
NOW, THEREFORE, BE IT KNOWN, that the City of Miami Beach and
the Village of Key Biscayne, subdivisions of the State of Florida, in
consideration of mutual promises to render valuable aid in times of necessity, do
hereby agree to fully and faithfully abide by and be bound by the following terms
and conditions:
1. Short title: Mutual Aid Agreement
2. Description: Since the Mutual Aid Agreement provides for the requesting
and rendering of assistance for both routine and intensive law enforcement
situations, this Mutual Aid Agreement combines the elements of both a voluntary
cooperation agreement and a requested operational assistance agreement as
described in Chapter 23 Florida Statutes.
3. Definitions:
A. Joint declaration: A document which enumerates the various
conditions or situations where aid may be requested or rendered
pursuant to this Agreement, as determined by concerned agency
heads. Subsequent to execution by the concerned agency heads,
the Joint Declaration shall be filed with the clerks of the respective
1
political subdivisions and shall thereafter become part of this
Agreement. Said declaration may be amended or supplemented
at any time by the agency heads by filing subsequent declarations
with the clerks of the respective political subdivisions.
B. Agency or participating law enforcement agency: Either the
City of Miami Beach Police Department or the Village of Key
Biscayne Police Department.
C. Agency Head: Either the Chief of the City of Miami Beach Police
Department, or the Chief's designees, and the Chief of Police of the
Village of Key Biscayne Police Department, or the Chief's
designees.
D Participating municipal police department: The police
department of any municipality in Dade County, Florida, that has
approved and executed this Agreement upon the approval of the
governing body of the municipality.
E. Certified law enforcement employees: Any law enforcement
employee certified as provided in Chapter 943, Florida Statutes.
4 Operations:
A. In the event that a party to this Agreement is in need of assistance,
as specified in the applicable Joint Declaration, an authorized
representative of the police department requiring assistance shall
notify the agency from which such assistance is requested. The
authorized agency representative whose assistance is sought shall
evaluate the situation and his available resources, and will respond
in a manner deemed appropriate.
B. Each party to this Agreement agrees to furnish necessary man
power, equipment, facilities, and other resources and to render
services to the other party as required to assist the requesting party
in addressing the situation which caused the request; provided,
however, that no party shall be required to deplete, unreasonably,
its own manpower, equipment, facilities, and other resources and
services in rendering such assistance.
C. The agency heads of the participating law enforcement agencies,
or their designees, shall establish procedures for giving control of
the mission definition to the requesting agency, and for giving
tactical control over accomplishing any such assigned mission and
supervisory control over all personnel or equipment provided
pursuant to this Agreement to the providing agency.
2
5. Powers, Privileges, Immunities, and Costs:
A. All employees of the participating municipal police department,
certified law enforcement employees as defined in Chapter 943,
Florida Statutes, during such time that said employees are actually
providing aid outside of the jurisdictional limits of the employing
municipality pursuant to a request for aid made in accordance with
this Agreement, shall pursuant to the provisions of Chapter 23,
Florida Statutes, have the same powers, duties, rights, privileges,
and immunities as if they were performing their duties in the
political subdivision in which they are regularly employed.
B. The political subdivision having financial responsibility for the law
enforcement agency providing the services, personnel, equipment,
or facilities pursuant to the provisions of this Agreement shall bear
any loss or damage to same and shall pay any and all expenses
incurred in the maintenance and operation of same.
C. The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement shall
compensate all of its employees rendering aid pursuant to this
Agreement, during the time of rendering of such aid, and shall
defray the actual travel and maintenance expenses of such
employees while they are rendering such aid. Such compensation
shall include any amounts paid or due for compensation due to
personal injury or death while such employees are engaged in
rendering such aid. Such compensation shall also include all
benefits normally due such employees.
D. All exemptions from ordinances and rules, and all pension,
insurance, relief, disability, workers compensation, salary, death,
and other benefits which apply to the activity of such officers,
agents, or employees of any such agency, when performing their
respective functions within the territorial limits of their respective
agencies, shall apply to them to the same degree, manner, and
extent while engaged in the performance of their functions and
duties extraterritorial under the provisions of this Mutual Aid
Agreement. The provision of this Agreement shall apply with equal
effect to paid and auxiliary employees.
6. Indemnification: The political subdivision having financial responsibility
for the law enforcement agency providing aid pursuant to this Agreement
agrees to hold harmless, defend, and indemnify the requesting law
enforcement agency and its political subdivision in any suit, action or claim
for damages resulting from any and all acts or conduct of employees of
3
said providing agency while providing aid pursuant to this Agreement,
subject to Chapter 768, Florida Statutes, where applicable.
7 Forfeitures: It is recognized that during the course of the operation of the
Agreement, property subject to forfeiture under the Florida Contraband
Forfeiture Act, Florida Statutes, may be seized. The property shall be
seized, forfeited, and equitably distributed among the participating
agencies in proportion to the amount of investigation and participation
performed by each agency. This shall occur pursuant to the provisions of
the Florida Contraband Forfeiture Act.
8. Conflicts: Any conflict between this Agreement and the Florida Mutual
Aid Act will be controlled by the provisions of the latter, whenever
conditions exist that are within the definitions stated in Chapter 23, Florida
Statutes.
9. Effective Date and Duration: This Agreement shall be in effect from
date of signing, through and including January 1, 2010, and under no
circumstances may this Agreement be renewed, amended or extended
except in writing.
10. Cancellation: This Agreement may be canceled by either party upon
sixty (60) days written notice to the other party. Cancellation will be at the
discretion of the chief executive officers of the parties hereto.
AGREED AND ACKNOWLEDGED this df , 2005.
RGE M. GONZALEZ
City Manager
City of Miami Beach, FL
ATTEST:
Pakdku-
Robe Parcher
CITY CLERK
City of Miami Beach, FL
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION:
#1454411
City Aor'ney
City of Miami Beach, FL
Village Attorney
Village of Key Biscayne, FL
QU 1' NE MENEND
Village anager
Village of Key Biscayne, FL
y$
Alvarez
RK
of Key Biscayne, FL
fd/ee'AP
4
JOINT DECLARATION
OF THE CHIEF OF THE VILLAGE OF KEY BISCAYNE POLICE
DEPARTMENT AND THE CHIEF OF THE CITY OF MIAMI BEACH POLICE
DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT
A police officer of either of the participating law enforcement agencies shall be
considered to be operating under the provisions of the Mutual Aid Agreement
when:
• participating in law enforcement activities that are
preplanned and approved by each respective agency head,
or
• appropriately dispatched in response to a request for
assistance from the other law enforcement agency.
In compliance with, and under the authority of, the Mutual Aid Agreement, hereto
entered into by the Village of Key Biscayne, Florida, and the City of Miami Beach,
Florida, it is hereby declared that the following list comprises the circumstances
and conditions under which mutual aid may be requested and rendered
regarding police operations pursuant to the Agreement. Said list may be
amended or supplemented from time to time, as needs dictate by subsequent
declarations.
1. Joint multi jurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes,
and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures, including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires, explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from or disturbances within detention facilities.
7 Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, backups
to emergency and in -progress calls, pursuits, and missing persons calls.
5
DATE: I ties -
DON = D W. DLU ' CA
Chief of Police
Miami Beach Polic epartment
Miami Beach, Flori•a
PROVED AS TO
Robert Parcher FORM & LANGUAGE
CITY CLERK &FOR EXECUTION
City of Miami Beach,
) ).a''o$
Date 6
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization of specialized units; e.g., underwater
recovery, canine, motorcycle, crime scene, marine patrol enforcement or
investigation, and police information.
15. Joint training in areas of mutual need to include, but not limited to,
firearms training and qualification; field force; SWAT; ATV; motorcycles;
and marine patrol.
16. Participating in exigent situations without a formal request which are
spontaneous occurrences such as area searches for wanted subjects,
perimeters, crimes in progress, escaped prisoners; traffic stops near
municipal boundaries, request for assistance and no local unit is available
or nearby, calls or transmissions indicating an officer is injured, calls
indicating a crime of incident has occurred in which a citizen may likely be
injured and the assisting municipality is closer to the area than the officer
receiving the call.
17. Mutual enforcement of all existing applicable laws and ordinances and
exercise of arrest powers within the area comprising the jurisdictional
waters within respective municipal boundaries.
DATE: 21/6/0_5
CHARLE PRESS
Chief of Police
iscayne Police Department
Key Biscayne, Flo ida
y Biscayne, FL
RESOLUTION NO. 2005-25779
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
AUTHORIZING THE MAYOR, OR HIS DESIGNEE, AND
THE CITY CLERK TO EXECUTE A MUTUAL AID
AGREEMENT WITH THE VILLAGE OF KEY BISCAYNE,
FLORIDA, FOR THE PURPOSE OF COORDINATING LAW
ENFORCEMENT PLANNING, OPERATIONS, AND
MUTUAL AID BENEFIT BETWEEN THE CITY OF MIAMI
BEACH AND THE VILLAGE OF KEY BISCAYNE.
WHEREAS, it is the responsibility of the respective governments of the City of
Miami Beach and the Village of Key Biscayne, Florida to ensure the public safety of their
citizens by providing adequate levels of police service to address any foreseeable
routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the occurrence
of law enforcement problems and other natural and man-made conditions which are, or
are likely to be, beyond the control of services, personnel, equipment, or facilities of the
City of Miami Beach Police Department or the Village of Key Biscayne Police
Department; and
WHEREAS, in order to ensure the preparation of these law enforcement
agencies will be adequate to address any and all of these conditions, to protect the
public peace and safety, and to preserve the lives and property of the people of the City
of Miami Beach and the Village of Key Biscayne; and
WHEREAS, the City of Miami Beach and the Village of Key Biscayne have the
authority under Chapter 23, Florida Statutes, "Florida Mutual Aid Act," to enter into the
attached Mutual Aid Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor, or his
designee, and City Clerk are authorized to execute the attached Mutual Aid Agreement
with Village of Key Biscayne, Florida, for the purpose of coordinating law enforcement
planning, operations, and mutual aid benefits between the C. of Miami Beach and the
Village of Key Biscayne.
PASSED and ADOPTED this 12th day of
ATTEST:
ju f 1
wX
N CLERK
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION:
is" S -- O S
Date
F.\POLI\TECHSERV\POLICIES\COM_MEMO\Mutual Aid Key Biscayne PD-2005-RESO doc
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
A Resolution authorizing a Mutual Aid Agreement between the City of Miami Beach and the Village of Key
Biscayne that will allow for the sharing of law enforcement resources and the rendering of assistance both
during routine and intensive law enforcement situations.
Issue:
Shall the City of Miami Beach execute a Mutual Aid Agreement with the Village of Key Biscayne that will
allow for the sharing of law enforcement resources and the rendering of assistance both during routine and
intensive law enforcement situations?
Item Summary/Recommendation:
The Administration recommends the adoption of this resolution that will allow for the sharing of law
enforcement resources and the rendering of assistance both during routine and intensive law enforcement
situations. The City of Miami Beach and the Village of Key Biscayne, because of the existing and
continuing possibility of the occurrence of law enforcement problems and other natural and manmade
conditions which are or are likely to be beyond the control, personnel, equipment or facilities of the Miami
Beach Police Department or the Village of Key Biscayne Police Department believe that it is beneficial for
each to participate in a Mutual Aid Agreement as authorized by Chapter 23, Florida Statutes.
Advisory Board Recommendation:
N/A
Financial Information:
Amount to be expended:
Source of
Funds:
Finance Dept.
Amount
Account
Approved
1
2
3
4
Total
Sian -Offs:
Departme Director
Assistant City Manager
City Manager
I 9"---
$„------
F:\POLI\TECHSERV\POLICIES\COM_MEMO\Mutual Aid Key Biscayne PD-2005-SUMMARY.doc
U
AGENDA ITEM C 7j
DATE /-/....2 -63
CITY OF MIAMI BEACH efS)L.
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
From:
Subject:
Mayor David Dermer and Date: January 12, 2005
Members of the City Commission
d
Jorge M. Gonzalez
City Manager '
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR, OR HIS
DESIGNEE, AND THE CITY CLERK TO EXECUTE A MUTUAL AID
AGREEMENT WITH THE VILLAGE OF KEY BISCAYNE, FLORIDA, FOR
THE PURPOSE OF COORDINATING LAW ENFORCEMENT PLANNING,
OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN THE CITY OF
MIAMI BEACH AND THE VILLAGE OF KEY BISCAYNE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The City of Miami Beach and the Village of Key Biscayne, because of the existing and
continuing possibility of the occurrence of law enforcement problems and other natural and
manmade conditions which are or are likely to be beyond the control, personnel, equipment
or facilities of the Miami Beach Police Department or the Village of Key Biscayne Police
Department believe that it is beneficial for each to participate in a Mutual Aid Agreement as
authorized by Chapter 23, Florida Statutes.
The Mutual Aid Agreement will allow for the sharing of law enforcement resources and the
rendering of assistance both during routine and intensive law enforcement situations.
This Agreement will take effect when it is signed and will expire on January 1, 2010.
CONCLUSION
It is recommended that the Mayor and City Commission adopt this Resolution and
authorize the signing of the Mutual Aid Agreement that will allow for the sharing of law
enforcement resofyrces.
s
JMG/ /R fS/CN/HDC
F.\POLI\TECHSERV\POLICIES\COM_MEMO\Mutual Aid Key Biscayne PD-2005-MEMO.doc
MUTUAL AID AGREEMENT
Between the Miami Beach Police Department
and the Village of Key Biscayne Police Department
WHEREAS, it is the responsibility of the governments of the City of Miami
Beach, Florida, and the Village of Key Biscayne, Florida, to ensure the public
safety of their citizens by providing adequate levels of police services to address
any foreseeable routine or emergency situation; and
WHEREAS, because of the existing and continuing possibility of the
occurrence of law enforcement problems and other natural and manmade
conditions which are, or are likely to be, beyond the control of the services,
personnel, equipment or facilities of the participating municipal police
departments; and
WHEREAS, in order to ensure the preparation of these law enforcement
agencies will be adequate to address any and all of these conditions, to protect
the public peace and safety, and to preserve the lives and property of the people
of the participating Dade County municipalities; and
WHEREAS, the participating Dade County municipalities have the
authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into
a Mutual Aid Agreement.
NOW, THEREFORE, BE IT KNOWN, that the City of Miami Beach and
the Village of Key Biscayne, subdivisions of the State of Florida, in
consideration of mutual promises to render valuable aid in times of necessity, do
hereby agree to fully and faithfully abide by and be bound by the following terms
and conditions:
1. Short title: Mutual Aid Agreement
2. Description: Since the Mutual Aid Agreement provides for the requesting
and rendering of assistance for both routine and intensive law enforcement
situations, this Mutual Aid Agreement combines the elements of both a voluntary
cooperation agreement and a requested operational assistance agreement as
described in Chapter 23 Florida Statutes.
3. Definitions:
A. Joint declaration: A document which enumerates the various
conditions or situations where aid may be requested or rendered
pursuant to this Agreement, as determined by concerned agency
heads. Subsequent to execution by the concerned agency heads,
the Joint Declaration shall be filed with the clerks of the respective
1
political subdivisions and shall thereafter become part of this
Agreement. Said declaration may be amended or supplemented
at any time by the agency heads by filing subsequent declarations
with the clerks of the respective political subdivisions.
B. Agency or participating law enforcement agency: Either the
City of Miami Beach Police Department or the Village of Key
Biscayne Police Department.
C. Agency Head: Either the Chief of the City of Miami Beach Police
Department, or the Chief's designees, and the Chief of Police of the
Village of Key Biscayne Police Department, or the Chief's
designees.
D. Participating municipal police department: The police
department of any municipality in Dade County, Florida, that has
approved and executed this Agreement upon the approval of the
governing body of the municipality.
E. Certified law enforcement employees: Any law enforcement
employee certified as provided in Chapter 943, Florida Statutes.
4. Operations:
A. In the event that a party to this Agreement is in need of assistance,
as specified in the applicable Joint Declaration, an authorized
representative of the police department requiring assistance shall
notify the agency from which such assistance is requested. The
authorized agency representative whose assistance is sought shall
evaluate the situation and his available resources, and will respond
in a manner deemed appropriate.
B. Each party to this Agreement agrees to furnish necessary man
power, equipment, facilities, and other resources and to render
services to the other party as required to assist the requesting party
in addressing the situation which caused the request; provided,
however, that no party shall be required to deplete, unreasonably,
its own manpower, equipment, facilities, and other resources and
services in rendering such assistance.
C. The agency heads of the participating law enforcement agencies,
or their designees, shall establish procedures for giving control of
the mission definition to the requesting agency, and for giving
tactical control over accomplishing any such assigned mission and
supervisory control over all personnel or equipment provided
pursuant to this Agreement to the providing agency.
2
5. Powers, Privileges, Immunities, and Costs:
A. All employees of the participating municipal police department,
certified law enforcement employees as defined in Chapter 943,
Florida Statutes, during such time that said employees are actually
providing aid outside of the jurisdictional limits of the employing
municipality pursuant to a request for aid made in accordance with
this Agreement, shall pursuant to the provisions of Chapter 23,
Florida Statutes, have the same powers, duties, rights, privileges,
and immunities as if they were performing their duties in the
political subdivision in which they are regularly employed.
B. The political subdivision having financial responsibility for the law
enforcement agency providing the services, personnel, equipment,
or facilities pursuant to the provisions of this Agreement shall bear
any loss or damage to same and shall pay any and all expenses
incurred in the maintenance and operation of same.
C. The political subdivision having financial responsibility for the law
enforcement agency providing aid pursuant to this Agreement shall
compensate all of its employees rendering aid pursuant to this
Agreement, during the time of rendering of such aid, and shall
defray the actual travel and maintenance expenses of such
employees while they are rendering such aid. Such compensation
shall include any amounts paid or due for compensation due to
personal injury or death while such employees are engaged in
rendering such aid. Such compensation shall also include all
benefits normally due such employees.
D All exemptions from ordinances and rules, and all pension,
insurance, relief, disability, workers compensation, salary, death,
and other benefits which apply to the activity of such officers,
agents, or employees of any such agency, when performing their
respective functions within the territorial limits of their respective
agencies, shall apply to them to the same degree, manner, and
extent while engaged in the performance of their functions and
duties extraterritorial under the provisions of this Mutual Aid
Agreement. The provision of this Agreement shall apply with equal
effect to paid and auxiliary employees.
6. Indemnification: The political subdivision having financial responsibility
for the law enforcement agency providing aid pursuant to this Agreement
agrees to hold harmless, defend, and indemnify the requesting law
enforcement agency and its political subdivision in any suit, action or claim
for damages resulting from any and all acts or conduct of employees of
3
said providing agency while providing aid pursuant to this Agreement,
subject to Chapter 768, Florida Statutes, where applicable.
7 Forfeitures: It is recognized that during the course of the operation of the
Agreement, property subject to forfeiture under the Florida Contraband
Forfeiture Act, Florida Statutes, may be seized. The property shall be
seized, forfeited, and equitably distributed among the participating
agencies in proportion to the amount of investigation and participation
performed by each agency. This shall occur pursuant to the provisions of
the Florida Contraband Forfeiture Act.
8. Conflicts: Any conflict between this Agreement and the Florida Mutual
Aid Act will be controlled by the provisions of the latter, whenever
conditions exist that are within the definitions stated in Chapter 23, Florida
Statutes.
9. Effective Date and Duration: This Agreement shall be in effect from
date of signing, through and including January 1, 2010, and under no
circumstances may this Agreement be renewed, amended or extended
except in writing.
10. Cancellation: This Agreement may be canceled by either party upon
sixty (60) days written notice to the other party. Cancellation will be at the
discretion of the chief executive officers of the parties hereto.
AGREED AND ACKNOWLEDGED this d -,•f
RGE'IVI. GONZALEZ
City Manager
City of Miami Beach, FL
Robert Parcher
CITY CLERK
City of Miami Beach, FL
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION:
14(4!_,•
City Attorney
City of Miami Beach, FL
2005.
LINE MENE
Village Manager
Village of Key Biscayne, FL
Alvarez
RK
Key Biscayne, FL
Village Attorney
Village of Key Biscayne, FL
4
JOINT DECLARATION
OF THE CHIEF OF THE VILLAGE OF KEY BISCAYNE POLICE
DEPARTMENT AND THE CHIEF OF THE CITY OF MIAMI BEACH POLICE
DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT
A police officer of either of the participating law enforcement agencies shall be
considered to be operating under the provisions of the Mutual Aid Agreement
when:
• participating in law enforcement activities that are
preplanned and approved by each respective agency head,
or
• appropriately dispatched in response to a request for
assistance from the other law enforcement agency.
In compliance with, and under the authority of, the Mutual Aid Agreement, hereto
entered into by the Village of Key Biscayne, Florida, and the City of Miami Beach,
Florida, it is hereby declared that the following list comprises the circumstances
and conditions under which mutual aid may be requested and rendered
regarding police operations pursuant to the Agreement. Said list may be
amended or supplemented from time to time, as needs dictate by subsequent
declarations.
1. Joint multi jurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes,
and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures, including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires, explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from or disturbances within detention facilities.
7 Hostage and barricaded subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, backups
to emergency and in -progress calls, pursuits, and missing persons calls.
5
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization of specialized units; e.g., underwater
recovery, canine, motorcycle, crime scene, marine patrol enforcement or
investigation, and police information.
15. Joint training in areas of mutual need to include, but not limited to,
firearms training and qualification; field force; SWAT; ATV; motorcycles;
and marine patrol.
16. Participating in exigent situations without a formal request which are
spontaneous occurrences such as area searches for wanted subjects,
perimeters, crimes in progress, escaped prisoners; traffic stops near
municipal boundaries, request for assistance and no local unit is available
or nearby, calls or transmissions indicating an officer is injured, calls
indicating a crime of incident has occurred in which a citizen may likely be
injured and the assisting municipality is closer to the area than the officer
receiving the call.
17. Mutual enforcement of all existing applicable laws and ordinances and
exercise of arrest powers within the area comprising the jurisdictional
waters within respective municipal boundaries.
DATE: i/ 3 l` DATE: 2
DO D W. De U'
Chief of Police
Miami Beach Poli Department
Miami Beach, Florida
ATTEST:
ittA, c17. Ok)L—C61'
Robert Parcher APPROVED AS tO
CITY CLERK FORM & LANGUAGE
City of Miami Beach, Ilk FOR EXECUTION
/"20g0,5
C y tto'rney Date
CHARLES PRES
f Police
yne Police Department
ey Biscayne, Florida
Alvarez
ERK
Village of Key Biscayne, FL
Afteraction January 12, 2005 City of Miami Beach
C7J A Resolution Authorizing The Mayor, Or His Designee, And The City Clerk To Execute A Mutual Aid
Agreement With The Village Of Key Biscayne, Florida, For The Purpose Of Coordinating Law
Enforcement Planning, Operations, And Mutual Aid Benefit Between The City Of Miami Beach And
The Village Of Key Biscayne.
(Police Department)
ACTION: Resolution No. 2005-25779 adopted. Chief De Lucca to handle.
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Prepared by the City Clerk's Office Page No. 11
F:\CLER\COMMON\2005\20050112\20050112d6.doc